Stain on Dress Cannot get Refund

[Nick_968]

My other half bought two dresses from a well known high street store,

tried them on at home and returned them,

 

they refused to refund one dress as it had a stain on it.

 

They are blaming us for the stain but it was already marked but we cannot prove this.

 

They are saying there is absolutely no way they would have missed it as they check all dresses at point of sale,

but they clearly did miss this and the other faults on the dress which are in addition to this

- there is a clasp missing at the top of the zip at the back and a couple of other minor marks.

It is clearly a well tried on shop dress.

 

They have flatly refused to refund the dress and we now have to contact customer services.

 

The dress still has the anti tamper tags intact with a very large heavy label attached so it is obvious the dress has not been worn out of the house.

 

We want to take this further and will take it up via email (there is no tel number) and just wanted some advice on the best approach. The dress was £120.

[renegadeimp]

It is up to them to prove that you caused the stain. Not for you to prove you didnt. Put it in writing clearly and simply to their head office. If you still get no resolution, then you would have to try small claims, although you should only use this route when you have exhausted all other means, and you are prepared to see the claim through to the end, no matter what the outcome.

 

You could use SOGA too.

 

 

Was this stain visible? Or is it in a inconspicuous place that you wouldnt have noticed at sale.

[Nick_968]

The stain is quite prominent, however we all missed it. There are also the other issues with the dress which might be considered not of satisfactory quality. Do these carry any weight or add to the evidence that this was probably a shop soiled item?

[renegadeimp]

Use SOGA. They MUST, by law, repair, replace or refund.

[dx100uk]

how did you pay?

 

dx

[Nick_968]

Debit Card.

[renegadeimp]

Visa?

[dx100uk]

do a charge back

 

http://whatconsumer.co.uk/visa-debit-chargeback/#.UdXyvl9wbRY

[stu007]

I agree do a Chargeback but also make a Formal Complaint in writing to the company concerned and point out as they have stated (always get proof of posting and keep a copy of your letter for your records):

 

'they check all dresses at point of sale' you would like to request a copy of the Company Policy which states the procedure for Point of Sale.